As Kenyans continue to voice their concerns to the National Dialogue Committee at the Bomas of Kenya, it is increasingly apparent that the majority are calling for structural changes to our political landscape and leadership.
The challenges we face as a nation have demonstrated that Kenya's political structure is inefficient and in need of significant reform to fulfil its intended purpose. The current system of presidential representative democracy is ill-suited to both the physical and ideological realities of Kenya as a global south nation. Even after a decade of devolution, centralisation of power remains a pressing issue, with an overemphasis on the national government.
Some Kenyans advocate for reducing the number of counties and constituencies due to economic constraints, while others disagree. Finding common ground amidst these differing opinions poses a significant challenge for the committee, led by Kalonzo Musyoka and Kimani Ichung'wah. Balancing the interests of political affiliations and those of Kenyan citizens is a delicate task.
One key issue currently under national discussion is the structure of the executive branch. Various proposals suggest the creation of an office of the Prime Cabinet Secretary and an official Opposition Leader. Although these roles already exist within the current system under different titles and offices (Leader of Majority and Minority), changing the titles alone will not suffice. Substantial changes are necessary to transform the system's operations fundamentally.
While many have questioned the role of the Deputy President under Article 147, it is wise to consider assigning additional functions to this office. Rather than creating the office of the Prime Cabinet Secretary, Article 147(4) could be amended to designate the DP as the official representative of the government in parliament. This would enhance the DP's role as a liaison between the National Assembly and the administration, ensuring government initiatives receive the necessary support.
Furthermore, the DP could become a vital governing partner to the President, contributing to policy decisions requiring legislative input. To maintain a clear distinction between politics and governance, the DP should use their official residence and other offices for their party's parliamentary group meetings, avoiding the use of the State House.
Having the DP in Parliament would also establish a robust presidential succession procedure, clarifying the government hierarchy and providing a clear line of succession in times of emergency. While the Speaker is currently considered third in command, there is lack of clarity as far as succession is concerned, and extending the line of succession past the Deputy President would safeguard the nation in future crises.
In the National Assembly, the assistant leader of the ruling party/coalition could deputise the DP. In the Senate, a special seat could be allocated to a Cabinet Secretary without portfolio or the CS for Devolution to represent the ruling party's interests and advance the executive's agenda.
On the opposition side, the National Assembly's leadership could be led by the first runner-up in the presidential election, with their running mate as the deputy. Both should gain automatic nomination to the house immediately after accepting defeat or the Supreme Court's verdict in a presidential petition.
The opposition should, in their inaugural parliamentary group meeting led by the Opposition leader, appoint a shadow Cabinet comprising elected senators. The senator chosen as the shadow cabinet secretary for devolution should assume the role of leading the opposition side.
In the event that the first runner-up and their running mate decline automatic nomination, they would forfeit their nomination in the 9th sitting of the National Assembly. Subsequently, the opposition side would convene a parliamentary group meeting to nominate suitable candidates for these positions, whose names would be vetted by the IEBC within 90 days of the election of the Speaker.
Finally, any bill passed in Parliament should require the approval of the DP before it is presented to the President for assent. If the DP does not approve a bill, it should be referred back for amendment. If a bill approved by the DP is sent to the President for assent and the President fails to act within seven days, the bill should become law by default.
These proposed changes aim to create a more effective and balanced political system in Kenya, better serving the interests of its citizens and promoting transparent governance. They reflect the evolving needs of the nation and the desire for a more responsive and accountable leadership. The National Dialogue Committee faces the crucial task of deliberating on these proposals and charting a path towards a brighter political future for Kenya.
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